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New York Embezzlement Sentencing Guidelines

In the federal government, there are strict guidelines that detail the mandatory minimums as they relate to New York embezzlement charges. Even though they are not mandatory, they are followed very closely.

To best understand the New York embezzlement sentencing guidelines as they relate to your particular charge, it is imperative to consult with an experienced New York theft lawyer as soon as possible.

Levels of Sentencing

There are different tiers when it comes to the sentencing guidelines of a New York embezzlement charge. On the state level, the nature of the crimes does not matter.

All D and C level felonies are treated the same way, whether they are violent or non-violent. However, there is discretion between those ranges and sentences for each offense.

Sentencing Zones

The sentencing in a New York embezzlement charge depends on the amount of the embezzlement, whether it is valued more than $1,000, $3,000, $50,000, or $1,000,000.

The factors involved will alter what a person's sentence would be within those parameters. A person may have to serve a certain length of time depending on the relevant factors associated with the charge.

For example, these factors may include how many times this person has committed this crime, who they have allegedly stolen from, what they used the money for, and a variety of other factors.

When those factors are determined, an individual will either take a plea deal or will be sentenced. An attorney may be able to articulate a package explaining the type of person the accused individual is and how they should be viewed in the eyes of the law.

State vs. Federal Sentencing

The guidelines for sentencing in federal court are not mandatory guidelines, although they are followed. There is more of a formula and less of a negotiation with the prosecutor.

On the state level, barring it being a mandatory minimum sentence, there is more negotiation with the prosecution. There can be an ongoing communication with the court and the individuals involved. Although more limited, this can also happen in cases with predicate felons. An attorney can negotiate with federal prosecutors about the sentencing in a New York embezzlement charge as well, but there is more discretion and latitude on the state level.

A result that may be possible on a state level may not be possible on the federal level due to the stricter adherence to guidelines and lesser ability of the prosecutors to negotiate in advance specific sentences.

These negotiations rely entirely on the nature of the case. The results differ by case and person. The evidence is normally the biggest influencer in terms of the sentencing in a person’s New York embezzlement charge.

The attorney can have more of a negotiation with the prosecution on the state level to make a specific recommendation or an offer. On the federal level, much more information will come to the judge when they are reviewing a presentencing report. They will be sure to consult these reports before sentencing an individual in a New York theft charge.

Mandatory Minimum Sentences

For a B level felony, when the crime is valued at over a million dollars, there is a mandatory minimum in the state of New York of one to three years in prison. For all other felonies, there is no mandatory minimum, so the judge may serve probation or incarceration.

There is not a mandatory minimum sentence for every crime, but a judge can still impose strict sentences upon an individual. Based on their discretion, a person may face anywhere between one and fifteen years for a crime valued at between $50,000 and $1,000,000, for example. This is for individuals without any prior convictions.

If a person is not a prior felon but has a criminal history, they are likely to go to prison for a longer period. An individual’s best chance at avoiding prison is being prepared, being proactive with their legal counsel, and identifying and implementing the right defense strategy.

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